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Kagan On Guns: Court Precedents Are 'Settled Law'
Newsmax ^ | June 29, 2010 | Newsmax

Posted on 06/29/2010 2:09:05 PM PDT by Clump

Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be "settled law."

Kagan was asked at her confirmation hearing about two recent decisions, including a 5-4 ruling Monday, which essentially guaranteed citizens' Second Amendment rights to have guns, no matter where they live.

Democratic Sen. Dianne Feinstein of California decried growing gang violence in her state, saying officials need leeway to deal with it.

Kagan responded that "once a court decides a case as it did, it's binding precedent." And she said judges must respect a precedent unless it proves unworkable or new facts emerge that would change the circumstances of a case.

(Excerpt) Read more at newsmax.com ...


TOPICS: Front Page News; Politics/Elections
KEYWORDS: banglist; democrats; guns; kagan; kagantruthfile; sotomayor; youlie
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No way she can wiggle out of that one. /sar
1 posted on 06/29/2010 2:09:07 PM PDT by Clump
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To: Clump

She lies.


2 posted on 06/29/2010 2:10:20 PM PDT by C19fan
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To: Clump

She lies just like Sodomayor!! The Constitution means NOTHING to them.


3 posted on 06/29/2010 2:11:24 PM PDT by Dapper 26
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To: Clump
Kagan responded that "once a court decides a case as it did, it's binding precedent." And she said judges must respect a precedent unless it proves unworkable or new facts emerge that would change the circumstances of a case.

It is not the court's role to decide if a law, much less a constitutional provision, is unworkable. That is a political decision. A judge must restrict himself to asking what does the law actually say.

4 posted on 06/29/2010 2:13:29 PM PDT by Petrosius
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To: Clump

I have no doubt she would have sided with the minority on the recent gun decision. But it’s striking how little attention this ruling is getting from the the leftysphere. There’s even a loud left majority in favor of the 2nd amendment. Add to that the obvious political dynamite involved in opposing the 2A, I do think the left has given up restricting guns as a policy goal.


5 posted on 06/29/2010 2:13:37 PM PDT by delapaz
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To: Dapper 26

> The Constitution means NOTHING to them.

Neither does TRUTH.

These people are unscrupulous, Godless, unGodly tyrant wannabes.

They should not be allowed to participate in lawmaking, jurisprudence, or execution of the law.

But the American people have been dumbed down by their TVs.

American Idol

A somewhat appropriate name, but I like to call it American Idolatry.


6 posted on 06/29/2010 2:15:55 PM PDT by Westbrook (Having more children does not divide your love, it multiplies it.)
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To: delapaz

I truly think that Kennedy went with the 4 conservatives in part because of his good friend Lawrence Tribe. Tribe is a renowned liberal law school professor who came out in favor of the individual rights interpretation over 10 years ago.


7 posted on 06/29/2010 2:16:33 PM PDT by Clump (the tree of liberty is withering like a stricken fig tree)
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To: delapaz
-- There's even a loud left majority in favor of the 2nd amendment. Add to that the obvious political dynamite involved in opposing the 2A, I do think the left has given up restricting guns as a policy goal. --

Those on the left who claim to be in favor of the RKBA are also in favor of advancing restrictions. They'd dismantle what's left of the RKBA, given the chance; as in expand the locales where DC-style permitting and registration (and approved gun lists) are practiced. They'd eliminate private sales, and other means that are useful to keep the government wondering.

8 posted on 06/29/2010 2:18:18 PM PDT by Cboldt
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To: Clump

Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be “settled law.”
::::

If you are fool enough to believe this statement, you would believe Clinton and Gore. This fraud will say anything to get confirmed and become the liberal activist spoiler of our judicial system.


9 posted on 06/29/2010 2:19:34 PM PDT by EagleUSA
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To: delapaz

I heard that tired old lefty loon Bob Beckel on BOR last night still trying to argue that the Second Amendment was all about militias and not an individual right. Don’t think for a second that Kagan doesn’t believe the same.


10 posted on 06/29/2010 2:19:52 PM PDT by CholeraJoe ("What did the English ever give you? Muffins and a burnt White House. ")
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To: Clump

She’s a liar.


11 posted on 06/29/2010 2:20:31 PM PDT by vetvetdoug
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To: Clump
Supreme Court nominee Elena Kagan says she considers recent high court decisions expanding gun rights to be "settled law."

Firstly, the premise is bogus. The recent high court decisions did not expand any gun rights, they merely moved towards reinstating them from facist power grabs.

Secondly, Kagan's statement is so stupid on so many levels. Whether you agree or disagree with the recent rulings the ink is barely dry on the ruling yesterday so how is it actually "settled law", implying some sort of long standing ruling?

The woman needs to be hammered and hammered again to show how wrong she is for the appointment.

12 posted on 06/29/2010 2:21:22 PM PDT by frogjerk (I believe in unicorns, fairies and pro-life Democrats.)
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To: Clump

I think her nose grew a little


13 posted on 06/29/2010 2:23:13 PM PDT by daku
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To: Dapper 26
She lies just like Sodomayor!!

I agree with you. If she said what the article says she said, she's lying and will vote to overturn any attempts to enshrine the second amendment as an individual right. She's not as clear as Sotomayor was about it, so the lie won't be as obvious, but it will be a lie nonetheless.

I am very disappointed with the GOP members of Judiciary for not pointing this out during the Kagan testimony. "The last person who sat in that chair answering our questions lied yesterday. Can you give us assurances you are not lying as well?"

14 posted on 06/29/2010 2:23:41 PM PDT by Cyber Liberty (Build a man a fire; he'll be warm for a night. Set a man on fire; he'll be warm the rest of his life)
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To: Clump
This has nothing to do with guns. It is about Roe -v- Wade. If she admitted past decisions could be overturned then RvW would be vulnerable. They will trade ground on guns to hold the line on abortion. As Daley and some of his advisers said today they can use excessive regulation, ammunition restrictions and “Gun Taxes” to make owning a firearm legally nearly impossible without resorting to an outright ban.
15 posted on 06/29/2010 2:24:48 PM PDT by GonzoGOP (There are millions of paranoid people in the world and they are all out to get me.)
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To: Clump

Liberals will ALWAYS say what they have to say in order to get the position. Once they are in, they will do whatever they damn well please.

I have contacted Sessions and Hatch as well as my two senators and voiced my concerns about this nominee. I have strongly encouraged them all to filibuster, which means they each will have to grow a backbone.


16 posted on 06/29/2010 2:24:53 PM PDT by Texas56
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To: Texas56

I’d contact mine, but she’s right up Boxer and Feinstein’s alley. And Dianne, it may come as a shock to you, but the gang bangers you’re so worried about carry guns in their cars, on their persons, don’t bother to buy them legally and don’t bother to register them.

But you keep lumping the rest of law-abiding Americans in with them. Just like we’re all racist for wanting illegals deported. Must really suck to hate to have to ask us for your vote every 6 years.


17 posted on 06/29/2010 2:37:49 PM PDT by Right Cal Gal (Ronald Reagan: "our liberal friends....know so much that isn't so...")
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To: Dapper 26
She lies just like Sodomayor!! The Constitution means NOTHING to them.

Too bad Sotomayor can not be charged with perjury for what she said in her confirmation hearing vs her vote on the Chicago case. I think she was under oath during the questioning in the confirmation hearing.

18 posted on 06/29/2010 2:46:59 PM PDT by Myrddin
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To: Clump

Sotomayor claimed at her confirmation hearings that she supported the 2nd Amendment.

This month she sided with the losers, supporting Chicago’s failed gun ban. That makes Justice Sotomayor a liar.

Well, don’t trust Kagan either; she’s a liar too.

During the Clinton Administration she was against the 2nd Amendment, advising for very tight gun control. Now she states it is “settled law”.

I say BS.

It is time Republicans look at what a SCOTUS candidate has done in the past - not what that person claims to believe.

Kagan is a liar.


19 posted on 06/29/2010 3:02:02 PM PDT by SatinDoll (NO Foreign Nationals as our President!!)
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To: Clump
Democratic Sen. Dianne Feinstein of California decried growing gang violence in her state, saying officials need leeway to deal with it.

Throwing Feinstein out of office would be a good start.

20 posted on 06/29/2010 3:04:58 PM PDT by Moonman62 (The issue of whether cheap labor makes America great should have been settled by the Civil War.)
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